Terms
of Service

This Terms of Service agreement (referred to as ‘TOS’), is between
ServerGrid and you, the customer. ServerGrid, our affiliates, agents, providers, employees and the like
are referred to in this TOS as ‘we’, ‘us’, ‘our’ and the like. You, the Customer
is referred to as ‘customer’, ‘you’, ‘your’, ‘yours’, ‘user’, ‘their’ and the
like.

In exchange for your payment of services, we promise to use our best efforts to
provide you with the absolute best web hosting experience anywhere.
Our staff is highly trained and dedicated to your total satisfaction.
If you do not wish to be bound by the terms and conditions of this TOS, then you
should not apply for service or you should cancel the service immediately.
By registering and/or using the services, you
are hereby accepting and agree to abide by the terms and conditions of this TOS.

Refunds

Since we use a third-party to register domains for you and pay them at the time of
registration, we cannot issue refunds for domain registrations.
The cost for such domains will be subtracted from any refund. If you
cancel your service with us, you will keep ownership of your domain name for as
long as you continue to renew the domain. You may, of course, continue to register
and renew that domain with us, even if you are not hosting your web site with
us. If you signed up under a promotion, like 99¢ domain registration, then we will charge you our regular
domain price if you cancel service within 12 months of receiving that
promotion. The Parties agree that
all monies collected, regardless of the service collected for, are deemed earned
at the time of collections.

99.99%
Uptime Guarantee

Most hosting companies only offer 99.9% uptime guarantee.
However, we are so confident in our
uptime, that we offer 99.99% uptime in any 12-month period.
99.9% uptime means that there will be
more than 500 minutes of downtime per year.
99.99% uptime means that there will be
less than one hour of downtime per year.
If you want to know that your website
will always be up, then you need to have that extra ‘9’ of uptime with
us.

This guarantee does not cover any areas that we do not have direct control, such as backbone
provider failures, fiber-optic main line cuts, DNS or Registrar issues with your
domain name, routing issues between your location and our data centers. This
uptime guarantee does not apply to scheduled maintenance. The uptime guarantee is also not
applicable if the service interruption was caused by external issues such as
Acts of God, wars or any other natural or unnatural events beyond our reasonable
control.

Abuse

Please report all abuse to abuse@ServerGrid.com.
Failure to respond to our Abuse Department in a timely
manner may result in account suspension or termination.
Each situation is different. So, given the individual situation, a
timely manner will be what we, in our sole opinion, determine.
Any domain causing abuse (including adult content, spam, prohibited scripts, phishing websites, etc.)
will be suspended or terminated without warning and without refund.

Adult
Content

We do not allow adult content. Pornography is not allowed.
Art is allowed. We get to decide the difference. Chances are,
if you think it is pornography, then it is probably pornography.
If you are not sure if it is pornography
or art, email us and ask before posting.

Allocation
of Resources

We have plenty of bandwidth and high quality, high capacity servers.
We will do our best to provide you and
all of our customers, an abundance of resources so that the following is not an
issue. However, in the event
someone abuses this, we have to have a policy. In the event you are using too
many resources, in our sole opinion, we will let you know.
We will notify you via email of any
problems and work with you to make sure you are not using an excessive amount of
resources. In extreme cases, in our
sole determination, we may suspend or terminate your account.

Dumpsite

Company
does not allow for storage or backup of files on our shared servers regardless
of copyrights. Any content placed outside the root directory of a website will
be reviewed by us. Should we deem this content to be inappropriate or an abuse
of our generous storage limits, the content will be considered to be in
violation of this TOS and will be removed from our servers without prior
notice.

SPAM and Unsolicited
Commercial Email (UCE)

We do not like SPAM. Our customers do not
like SPAM. Do not SPAM. Do not send SPAM.
SPAMMING is strictly forbidden. We have a zero tolerance policy towards
SPAM. If you think the email you are sending might be SPAM, then it probably is SPAM.
We will impose, and you agree to pay, a
penalty of between $1 and $10, as solely determined by us, for each SPAM sent
through our network by you or your system (including Trojan-infected systems)
and you agree to pay such penalty and collection fees, if any. We reserve
the right to charge you and you agree to pay a clean up fee if your account was
used to send SPAM. The cost of the clean up fee is solely determined by us.

We reserve the right to investigate any alleged or actual spamming.
If this policy has been found to be violated, we reserve
the right to pursue civil remedies for any costs associated with the
investigation. We will notify the
appropriate governmental agencies if, in our sole opinion, the situation
warrants notification. We also reserve the right to disable mail services
in the case of SPAMMING, which may result in loss of data.

Prohibited
Scripts, Applications and the like

The following activities are not allowed and may be cause for account suspension
and/or termination: Newsgroup spamming, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, and/or anything
else determined by Company to be unacceptable use of our services and/or
resources. Additionally, the following are also prohibited:

Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk
mailing of commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious tracts. Such
messages may only be sent to those who have explicitly requested it from your
domain.

Forging, altering or removing electronic mail headers is prohibited. Any domain sending
stealth spam will be suspended or terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to
disrupt a server or account ("mail bombing").

Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion
groups and on most e-mail mailing lists. Inappropriate posting may result in
account suspension or termination. See the newsgroup or mailing lists charter
for whether advertising is allowed or not. "Spamming," or sending a message to
many different off-topic newsgroups, is particularly unethical and will be
treated as such.

Mail may not be used to harass or intimidate others. Harassment, whether through
language, frequency of messages, or size of messages, is prohibited. Sending a
single unwelcome message may be considered harassment. If a recipient asks to
stop receiving e-mail, you must not send that person any further messages.

Providing spamware (software used to send bulk email or software used to harvest email
addresses) or links to sites providing spamware is strictly prohibited and
subject to demand for removal or account suspension or termination.

You may not host or permit hosting of sites or information that is advertised by UCE
from other networks.

Providing material that is grossly offensive to the Web community including blatant
expressions of bigotry, racism or hatred.

Promoting or providing instructional information about illegal activities, or promoting
physical harm or injury against any group or individual.

Displaying material that exploits children under 18 years of age.

Acts of copyright infringement including offering pirated computer programs or links to
such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities.

Storing or posting adult content. In other
words, pornography is prohibited.
(We have said this before, but it warrants
repeating.)

Note: If you use the services of
another provider (including but not limited to the use of address lists obtained
from a third party vendor or provider) to promote a web site hosted by or
through Company (spamvertising), then the provisions of the above Policy shall
apply as if the spam were sent through our servers.

We do not allow clients to install their own chat rooms, without prior approval from
us. Most chat rooms tend to be large system hogs and we cannot allow it as an
account option.

Data
Integrity

We are not responsible for any lost files, information, data, email or anything else
posted or stored on our systems.

Server
Resource Abuse

(This
section does not apply to managed dedicated or colocation servers.) Shared
server accounts are limited in use of the amount of server resources. Shared
server resource abuse includes any process or service usage that affects normal
shared server operation, resources or connectivity, and which causes a server to
become overloaded. Shared server resources include CPU and memory usage, number
of concurrent processes, number of concurrent port or database connections and
total bandwidth. Possible causes of server resource abuse include, but are not
limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions
include, but are not limited to: disabling of the offending script or scripts,
disabling of the specific service, disabling of the entire account or account
suspension. If server overload is a result of server resource abuse, these
actions will be taken without prior notice or warning.

Excessive
Use/Overages

You
will not exceed the bandwidth, storage and E-mail usage limits outlined by your
particular web hosting package. If you use any bandwidth or storage space in
excess of the agreed upon number of megabytes per month or if you exceed E-Mail
storage and attachment size limitations, we may, in our sole discretion, assess
you with additional charges. If we elect to take any corrective action, we will
not refund any unused pre-paid fees. Your use of your account and access to it
is your responsibility. You are responsible for any unauthorized access to your
account resulting in bandwidth, storage and/or E-mail usage exceeding the limits
outlined in your particular web hosting package specifications and resultant
charges.

Copyright
Violations

The
Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid
copyright infringement notification. If you would like to notify us of an
infringement of your copyright, the DMCA requires that
you:
Send
your notification to us. You may reach us at abuse@servergrid.com. Include in
your notification the following information:
·
A physical or electronic signature of the copyright owner or a person authorized
to act on the copyright owner's behalf (the "Claimant")
·
Identification of the copyrighted work(s) claimed to have been infringed
·
Identification of the material claimed to infringe the copyright(s), and enough
information for us to locate it
·
The Claimant's name, address, and telephone number(s)
·
A statement that the Claimant has a good faith belief that use of the disputed
material is not authorized by the copyright owner or his agent
·
A statement, under penalty of perjury, that the information in the notification
of copyright infringement is accurate and that the Claimant is authorized to act
on behalf of the copyright owner

Billing
Policies

All
monies are in US Funds. Charges
begin the day you sign up for service, which may be different from the day you
first upload all or part of your web site. If you sign up on the 16th
of the month, then your anniversary date is the 16th of the
month. Of course if you pay
annually, your anniversary date only comes around once per year.
If you pay by check, payment is due no
later than your anniversary date.
If you are set up on automatic credit/debit card or the like, then we
will attempt to charge your method of payment approximately seven days prior to
your anniversary date. If your
method of payment is declined, then we will attempt to charge again on or about
your actual anniversary date. If your method of payment is declined a second
time, we will attempt to charge your method of payment on or about fifteen days
after your anniversary date. If
your method of payment is declined on that third attempt, then your account will
be suspended or terminated. We
reserve the right to suspend or terminate your account at any time when payment
is not received by the earliest due date. Your account will be assessed a $1 fee
for each declined credit/debit card attempt.
Returned checks are subject to a
collection fee of not less than $25. Collected funds are considered earned
at time of collection and no refunds are issued.
Rates are subject to change with notice
posted in this Use Policy. All
charges are considered valid unless disputed in writing, via certified US Mail
or reputable overnight carrier, within sixty-days of the payment receipt
date.
All chargebacks are
invalid unless You send us a certified letter giving us at least thirty days to
respond and issue the proper refund/credit, if any.
We will take action within fifteen days
of receiving Your request. If the member pays
annually and then cancels prior to the end of the twelve months, the refund, if
any is calculated at the regular monthly rate plus a thirty-five dollar
processing fee. Failure to use the account
does not relieve you of payment obligations. By providing us with credit/debit
card information or checking account information, you agree to allow us to
charge or draft the periodic fee from your account.
Additionally, you grant us permission to
charge your debit/credit card account or checking account for any penalties and
collections fees assessed by us.
Under no circumstances, will we be responsible for non-sufficient funds
fees imposed by your banking institution.
If you fail to pay us, then we reserve the right to suspend or terminate
your service until you pay us. We will not assist you in retrieving data or with
any issues until your account is current.
Your account is not cancelled until you cancel your account with us and
receive a cancellation confirmation from us.
Charges will continue to accrue until
you cancel your account and receive the cancellation confirmation from us.
Our suspension of your account is not a
cancellation of your account. Once
an account is suspended or terminated, we do not guarantee that we or you will
ever be able to retrieve any information relating to your web site or
email. Suspension or termination
does not relieve you of the responsibility and obligation for the payment of all
accrued charges and any collections fees.
In addition to all amounts owed, a fee of $25 is charged to reinstate a
suspended or terminated account.
The taxes and surcharges may vary on a monthly basis; any
variations will be reflected in your monthly charge. The current Supplier
Surcharge Recovery is one dollar and ninety-three cents ($1.93) for all clients.
Texas Residents are also subject to an Internet Tax on all monthly services of
eight and three-tenths percent (8.3%) after the first twenty-five dollars
($25.00). Any account which goes
into collection status will be transferred to a collection agency and incur a
twenty-five dollar ($25.00) processing fee and all other applicable fees and
charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on
all returned checks, disputed credit cards, and credit card chargebacks. Past
due accounts will accrue a monthly charge of one and one-half percent (1.5%) of
the past due balance or one dollar ($1.00), whichever is greater.

Cancellation

You can
cancel at anytime. To cancel your
account, complete the form here: http://www.ServerGrid.com/cancel/
.
We will process your cancellation within three business days and send you an email
confirmation of the cancellation.
Notwithstanding any other terms of this TOS, your account is not
cancelled until you receive this email confirmation.
Keep this email confirmation as your
proof that the account was cancelled.
Remember, your account is NOT cancelled and charges and/or accumulated
charges continue to accrue until you receive the email cancellation
confirmation.

We may
terminate or suspend your account at anytime for any reason without prior
notice. If we terminate your
account, we will issue the appropriate refund.
However, no refund will be issued in the
event the termination or suspension was due to your violation of any term(s) of
this TOS. We will only suspend or
terminate your account if we have good reason.
Of course, we get to decide what a good
reason is. However, keep in mind,
we like customers. We want
customers. Without customers, we don’t make any money.
We have no reason to suspend or
terminate your account unless you are doing something that is not good, like
SPAMming or hosting pornographic sites, as a couple of examples. A Reseller
cannot cancel a reseller account until the Reseller has deleted all accounts
from the hosting control panel.
However, we may cancel a Reseller’s account at
anytime.

Any
abuse of our staff will result in the immediate suspension or termination of
your account
and no
refund will be issued.

Information
Requests

We have no obligation to monitor the Service. However, you agree that we have the right
to monitor the Service manually or electronically from time to time and to
disclose any information as may be necessary to satisfy any law, regulation or
other governmental request. We will not intentionally monitor or disclose any
private E-mail message unless requested or required by law or an entity of a
governing authority. We reserve the right to refuse to post or to remove any
information or materials, in whole or in part, that, in our sole and absolute
discretion, are unacceptable, undesirable, or in violation of this TOS. We
reserve the right to suspend access to the Service for your account. The
account's suspension or termination may be rescinded within our sole and
absolute discretion.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential.
We cannot and shall not guarantee privacy or protection of any User. We reserve
the right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property of our
company.

Limitation
of Liability

Under
no circumstances shall we, our agents, our providers, or employees be liable for
any damages, which result in any way from User's use or inability to use the
Service or any part thereof. This includes all direct and indirect damages,
special, punitive or consequential damages that may result from busy signals,
errors, delays in the service, deletion of files, viruses, theft, or alteration
of a user's computer. In the event that we are found liable under any
circumstance under the terms of this TOS, our liability shall be limited to the
unused balance of user's subscription payment pro-rated to reflect the current
term. If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of ours in operating the Service,
User's sole and exclusive remedy is to discontinue using the Service and to
cancel their account. Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold us, our affiliates, licensees, contractors and
their respective employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's fees and
cost of litigation incurred or suffered by us, our licensees, affiliates,
contractors, and their respective employees as the result of any and all use of
User's account whether authorized or not authorized or as a result of the
negligence, willful misconduct, or breach of any of the terms of this TOS by
User, including but not limited to claims, liabilities, losses, damage, judgment
and expense which arise out of alleged injury or death of any person or damage
to property of every kind and description. User shall promptly notify us in
writing of any claim of which it is obligated under this TOS. We shall have the
right to assume the defense of any such claim. We and User shall confer as to
and agree on the legal counsel(s) to be selected in any such defense.
In no case, shall our liability or any
penalty, fine or the like, imposed on us, by any authority, exceed the amount
paid to us by you.

Customer
agrees that it shall defend, indemnify, save and hold Company harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against Company, its agents, customers, officers and/or
employees, that may arise or result from any service provided or performed or
agreed to be performed or any products sold by customer, its agents employees or
assigns. Customer agrees to defend,
indemnify and hold harmless Company against liabilities arising out of: 1) any
injury to personal property caused by any products sold or otherwise distributed
in connection with Company’s service; 2) Any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party;
3) Copyright infringement and; 4) any defective products sold to customer from
Company’s service.

Change of Nameservers

Whenever you request that we change a nameserver, we will use our best efforts to make
the change on a timely basis.
However, at times, there may be delays due to differing registers and
their differing procedures and policies.
In rare circumstances, it is possible that if the registrar or someone in
control of the nameservers is not cooperating with us, that they cannot be
changed. Therefore, we cannot
guarantee the timeliness of any nameserver changes.

Transfer of existing Web Site

We will use our best efforts to help you move your site from another provider.
However, we cannot guarantee this
process as each host cooperates differently and is set up a little
differently.

Scope of Support

For the products and services you purchase from us, our goal is to provide the best
support you have ever had from any company.

IP Addresses

We may allow you to use an IP Address(es), but that IP Address(es) remains our
property. Under no circumstances
will you take control, ownership or the like of the IP Address(es).
You acknowledge that we own the IP
Address(es) and we can change IP Address(es) as we, in our sole opinion, deem
appropriate.

Data Transfer
and Disk Usage

Each plan with Company comes with a pre-determined data transfer usage amount. In the
event that your account exceeds the data transfer amount included with your
account you will be billed overage rates. Each plan with Company comes with a pre-
determined Disk Usage amount. In the event that your account exceeds the Disk
Usage amount included with your account you will be billed overage rates.
Overage rates on your account can be determined under the billing section of your
control panel.

Network
and Security

You are
expressly forbidden to violate or attempt to violate our security.
If you violate this policy, then we will
investigate and we will turn results over to the appropriate law enforcement
agency. We may also allow the
proper law enforcement agency to assist or conduct the investigation.

You are
responsible for your account. You
are responsible for the security of your username and password.
You are responsible for all actions
taken under your account.

When
communicating with us, you give us express permission to review all aspects of
your account.

Your
Information

You
will always provide us with truthful and accurate information, including, but
not limited to: your name; your full address; your contact phone number; your
email address; and, your accurate payment information, like credit card
information.
It is your responsibility to provide us with an email address which is not at the
domain(s) you are signing up under. If there is ever an abuse issue or we need
to contact you, the primary email address on file will be used for this purpose.
It is your responsibility to ensure the email address on file is current and up
to date at all times.

Responsibility
of Use

User shall assume all
responsibility for all content distributed, accessed, or viewed while connected
to or using our service. Under no circumstance shall we be held liable for your
actions while you are using the service.

Miscellaneous

In the
event that any portion of this TOS is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect. Our failure
to insist upon or enforce strict performance of any provisions of this TOS shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between parties nor trade practice shall act to modify any provision of
this TOS. All correspondence and
contents of any and all correspondence between us and you be it by newsletter,
phone, email or any other method, is considered private and confidential and may
not be disclosed by you to any third party for any reason whatsoever. In the
event you disclose any information, in violation of this TOS, you agree to pay
Company $10,000 plus any legal fees and collections costs, if any.
As the scope of damages may be difficult
to quantify, the Parties agree this amount shall be appropriate.
We may modify this TOS from time to time
by updating this page on our website, and User's continued use of the Service
shall be deemed to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine whether this TOS
has been modified. If User does not agree to any modification of this TOS, User
must immediately stop using the Service and cancel Service.
Any cause of action User may have with
respect to the Service must be commenced within one year after the claim or
cause of action arises or such claim or cause of action is barred. We shall not
be liable or deemed to be in default for any delay or failure in performance
under this TOS or interruption of service resulting directly or indirectly from
acts of God, civil or military authority, acts of public enemy, war, riots,
civil disturbances, insurrections, accidents, dire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond our reasonable control.
In any action between us and User to enforce any of the terms of this TOS, we
shall be entitled to recover expenses, including reasonable attorney's fees. You
agree to allow us to charge your method of payment for any penalties that may be
imposed by us. You agree that all
chargebacks are invalid, unless you first send us a certified letter giving us
three weeks to respond to your inquiry.
This TOS constitutes the entire agreement between User and us with
respect to the Service. Nothing
shall change this TOS except posting a revised TOS by us or a written signed
document between us and you.

Disclaimer

Company
will not be responsible for any damages your business may suffer.
Company makes no warranties of any kind,
expressed or implied for service we provide.
Company disclaims any warranty or
merchantability or fitness for a particular purpose.
This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Company and/or its employees.

Failure
to follow any term or condition of this TOS will be grounds for immediate
termination or suspension of your account by Company without prior notification
to you. Said suspension or
termination shall be decided in the sole opinion of
Company.

Applicable
Law

This
Agreement is subject to and governed by the laws of the State of Texas.
Courts of competent jurisdiction in
Harris County, Texas shall hear and decide any disputes.

Modification

We reserve the right to add, delete, or modify any provision of this TOS at any
time with or without official notice.
It is Your responsibility to review this TOS on a regular
basis.